The Regulations of Shanghai Municipality on Employment Promotion, adopted at the first meeting of the Standing Committee of the Sixteenth Shanghai Municipal People's Congress on February 25, 2023, are hereby promulgated and shall come into force as of March 1, 2023.
Standing Committee of Shanghai Municipal People's Congress
February 25, 2023
Regulations of Shanghai Municipality on Employment Promotion
(Adopted at the first meeting of the Standing Committee of the Sixteenth Shanghai Municipal People's Congress on February 25, 2023)
general provisions
Article 1 These Regulations are formulated in accordance with the Employment Promotion Law of the People's Republic of China and other laws and administrative regulations, and in combination with the actual situation of this city, in order to promote high-quality and full employment, promote the coordination between economic development and employment expansion, maintain social harmony and stability, and solidly promote common prosperity.
Article 2 These Regulations shall apply to the service and management activities related to employment promotion within the administrative region of this Municipality.
Article 3 The city adheres to the principle that employment is the most basic livelihood, places the expansion of employment in the prominent position of economic and social development, deepens the implementation of the strategy of employment priority, strengthens the policy of employment priority, improves the employment public service system, adheres to the principle of independent employment of workers, market regulation of employment, government promotion of employment and encouragement of entrepreneurship to promote employment, and expands employment through multiple channels, Improve the quality of employment.
Article 4 The city vigorously promotes the spirit of model workers, labor spirit and craftsman spirit, sets up the most glorious concept of labor, and creates a social fashion advocating labor.
We should encourage workers to establish a correct concept of job selection and improve their ability to find jobs and start businesses.
Advocate families to establish the concept of active employment and the concept of becoming rich through hard work, and encourage family members who have the ability to work to actively achieve employment.
Article 5 Labourers shall, in accordance with the law, enjoy the right to equal employment and independent choice of employment.
The employing unit shall enjoy the right of independent employment in accordance with the law and fulfill the obligation of safeguarding the legitimate rights and interests of workers.
Article 6 The Municipal People's Government shall strengthen the organization and leadership of the work of promoting employment, incorporate the work of promoting employment into the national economic and social development plan, formulate medium - and long-term plans for promoting employment, establish a target responsibility system for promoting employment, strengthen financial security, guide and urge all districts and departments to implement the work of promoting employment.
The district people's government should assume the primary responsibility for promoting employment in its administrative region, coordinate and implement the measures of industry driving employment, entrepreneurship driving employment, and training promoting employment, expand employment channels, optimize employment services, strengthen employment management, and improve the employment environment.
The municipal and district people's governments shall establish a coordination mechanism for employment promotion to coordinate and solve major problems in employment promotion.
Township people's governments and sub district offices should fully understand the employment situation of key groups within their jurisdiction, implement various policies and measures to promote employment, provide good public employment services at the grass-roots level, and improve the employment assistance mechanism; Guide the residents' committees and villagers' committees to assist the government and relevant departments in public employment services such as employment information sorting, employment assistance, policy publicity, etc.
Article 7 The municipal and district human resources and social security departments are responsible for organizing, guiding and coordinating the employment promotion work in their respective administrative regions, strengthening the investigation and analysis of employment situation, taking the lead in formulating employment promotion policies and measures, breaking down and implementing the objectives and tasks of employment promotion work, improving the public service system for employment, and improving the system of vocational training and employment assistance, We will promote high-quality and full employment.
Relevant departments and units such as municipal and district development and reform, economic informatization, commerce, education, public security, housing and urban and rural construction management, transportation, agriculture and rural areas, state-owned assets supervision, medical insurance, finance, taxation, market supervision, financial management, planning resources, big data center, etc. should work together to promote employment according to their respective responsibilities.
Article 8 The trade union, Communist Youth League, Women's Federation, Disabled Persons' Federation and other mass organizations shall assist the government and relevant departments in promoting employment of the groups they contact, provide corresponding employment services, and safeguard the labor rights of workers according to law.
Industry and commerce federations, industry associations and chambers of commerce shall timely report to the government and relevant departments the needs of market entities in terms of recruitment, job stabilization, vocational training, etc., and provide relevant services to market entities.
Institutions of higher learning and vocational schools (including technical schools) should establish and improve the employment and entrepreneurship promotion mechanism, provide employment and entrepreneurship services such as career planning, career experience, job search guidance for students in various forms, and enhance students' employment and entrepreneurship ability.
Article 9 People's governments at all levels and relevant departments shall carry out publicity and interpretation of employment promotion laws, regulations, policies and measures, guide the whole society to establish a correct concept of employment and career selection, and actively realize employment.
Mass media such as radio, television, newspapers and websites should strengthen public welfare publicity, promote effective practices and successful experiences in promoting employment, and create a good social atmosphere for promoting employment.
Article 10 The city promotes the cooperation of employment and entrepreneurship services in the Yangtze River Delta region, innovates the mechanism of talent exchange and cooperation, and promotes the smooth flow of human resources.
In accordance with the requirements of the country's eastern and western cooperation, counterpart support and counterpart cooperation deployment, the city has improved the policies and measures related to labor cooperation, and supported the rural labor force and poverty alleviation labor force in the counterpart support, counterpart cooperation areas, and the central and western regions to obtain local employment, employment in other places, and employment in Shanghai.
Article 11 The municipal and district people's governments shall, in accordance with regulations, commend and reward units and individuals that have made outstanding achievements in promoting employment.
Chapter II Policy Support
Article 12 The municipal and district people's governments should strengthen the support of investment, industry, regional, fiscal and taxation, finance, education, talent and other policies for employment, strengthen the coordination and linkage with employment policies, expand market-oriented and socialized employment channels, increase employment posts, optimize enterprise employment security services, and improve employment quality.
The municipal and district people's governments and relevant departments should improve the assessment and evaluation mechanism of state-owned enterprises, incorporate the employment promotion work into the assessment and evaluation of state-owned enterprises and their leaders, give play to the leading and exemplary role of state-owned enterprises in attracting employment, and attract more employment.
The municipal and district people's governments and relevant departments should formulate and improve relevant policies, give play to the role of small and medium-sized enterprises as the main channel for employment, support and encourage small and medium-sized enterprises to expand operations and increase employment.
Article 13 When arranging government investment and determining major construction projects, the municipal and district people's governments and their development and reform, economic informatization, housing and urban and rural construction management departments should give play to the role of government investment and major construction projects in driving employment, and give priority to projects with high employment quality and strong employment driving ability under the same conditions.
Article 14 The city promotes the construction of the key industrial system of the manufacturing industry, and develops more skilled and technical jobs in the manufacturing industry,
We will attract skilled personnel for high-quality employment.
The city promotes the reform of traditional service industry, promotes the development of emerging service industry, improves the employment capacity of service industry, and creates more employment opportunities.
The city implements the rural revitalization strategy, promotes the high-quality development of urban modern agriculture, cultivates and guides new industries, new formats and new models in rural areas, and promotes the employment and income increase of rural labor force.
Article 15 In the planning and construction of key regions, the municipal and district people's governments should pay attention to improving the distribution of population and jobs, formulate and implement employment and entrepreneurship policies that conform to regional characteristics, innovate the management mechanism of employment services, and improve the quality of employment.
Support Pudong New Area's innovative exploration in employment and entrepreneurship, vocational training, talent construction, etc., and replicate and promote the reform experience to the whole city in a timely manner.
Article 16 The municipal and district people's governments shall implement fiscal policies that are conducive to promoting employment, and reasonably arrange funds for promoting employment according to the employment situation and employment objectives.
The departments of finance, taxation, development and reform shall implement preferential policies for employment and entrepreneurship taxes in accordance with the law, and defer, reduce or exempt the enterprise income tax, value-added tax, individual income tax and administrative and institutional fees for qualified enterprises and workers in accordance with the provisions.
Human resources social security, finance and other departments shall implement employment subsidy policies according to law, and provide post subsidies, entrepreneurship subsidies, social insurance subsidies, vocational training subsidies, etc. to qualified enterprises and workers according to regulations.
Article 17 The financial management department shall guide financial institutions to improve inclusive financial services, expand the coverage of inclusive finance, and provide financing facilities for enterprises to expand operations and increase employment.
The city plays the role of the government financing guarantee system to provide credit enhancement services for the financing of small, medium-sized and micro enterprises; Support banking financial institutions and financing guarantee institutions to increase financing support for small, medium-sized and micro enterprises, and cultivate more market players to expand employment.
Article 18 The departments of education, development and reform, human resources and social security, etc. shall, according to the employment situation and industrial development trend, formulate educational policies and vocational education development plans that are compatible with the demand of the human resources market, and regularly carry out evaluation of the employment situation of institutions of higher learning and vocational schools (including technical schools), The evaluation results serve as an important basis for the school to set up majors and determine the enrollment scale.
Article 19 The municipal and district people's governments and relevant departments shall, in combination with the planning and construction of key regions, key projects and major projects, regularly publish the directory of talents in short supply by industry, focus on the leading industries and key industries such as integrated circuit, biomedicine and artificial intelligence, and support enterprises to increase the introduction and reserve of high-level and highly skilled talents.
The relevant departments of the municipal people's government should optimize the policies of residence permit, household registration and secure residence, and attract more professionals, overseas returnees and other domestic and overseas talents to work and start businesses in this city.
Article 20 This Municipality shall improve the unemployment insurance system in accordance with the relevant provisions of the State, ensure the basic livelihood of the unemployed according to law, and give play to the functions of unemployment insurance in preventing unemployment and promoting employment.
The Municipal People's Government shall determine the standard of unemployment insurance compensation according to the level that is lower than the minimum wage standard of the city and higher than the minimum living security standard of the residents of the city, and make dynamic adjustment according to the level of economic and social development.
Chapter III Entrepreneurship Support
Article 21 People's governments at all levels shall formulate and implement entrepreneurial support measures, improve the entrepreneurial service system, carry out entrepreneurial public welfare activities, encourage workers to help them start businesses, and promote employment through entrepreneurship.
Article 22 People's governments at all levels shall improve financing guarantee, site support, establishment convenience, tax preference, social insurance subsidies and other support measures to provide support for workers to start businesses.
Development and reform, finance, state-owned assets supervision, economic informatization, science and technology, education and other departments should play the guiding role of policy based venture capital funds, encourage social capital to set up venture capital funds, and support the innovative development of entrepreneurial entities.
The financial, human resources and social security departments should improve the business guarantee loans and discount interest policies, gradually expand the scope of guarantee objects, increase the guarantee amount, and improve the convenience of obtaining business guarantee loans.
Article 23 The municipal and district people's governments and relevant departments shall promote the establishment of entrepreneurial training systems covering different entrepreneurial groups and stages, improve entrepreneurial training policies, carry out targeted entrepreneurial training, and improve the entrepreneurial awareness and entrepreneurial ability of workers.
The education, human resources and social security departments should guide colleges and vocational schools (including technical schools) to improve innovation and entrepreneurship education courses, and promote the organic integration of professional education and innovation and entrepreneurship education.
The city supports relevant schools and training institutions to develop entrepreneurship training materials and courses, and implements training and counseling for various entrepreneurial subjects.
Article 24 Public employment service institutions shall provide public entrepreneurship services such as policy consultation and entrepreneurship guidance to various entrepreneurial entities.
The city supports various professional service institutions to provide management consulting, accounting and taxation, human resources, legal consulting and other services for entrepreneurial entities.
The city encourages social forces such as social workers and volunteers to participate in entrepreneurial services, play the role of entrepreneurial guidance volunteer service organizations, and provide consultation, guidance and services in relevant fields such as pre entrepreneurial preparation, enterprise start-up and operation to entrepreneurs.
Article 25 People's governments at all levels should promote the establishment of entrepreneurial urban areas and entrepreneurial communities, create a good entrepreneurial atmosphere and optimize the entrepreneurial environment.
Human resources and social security, economic informatization, science and technology and other departments should promote the development of entrepreneurial entities by building entrepreneurial incubation demonstration bases, mass entrepreneurship spaces, overseas students' entrepreneurship parks, etc.
Encourage institutions of higher learning and vocational schools (including technical schools) to establish entrepreneurial guidance sites to provide students with entrepreneurial services such as policy presentations, expert advice, entrepreneurial activities, support and cultivation.
Article 26 The city supports the holding of innovation and entrepreneurship competitions and the development of excellent entrepreneurship projects. For entrepreneurial teams and organizations that have won awards in national and municipal innovation and entrepreneurship competitions, human resources and social security, education, science and technology and other relevant departments will be rewarded or given preferential policies in accordance with regulations.
Chapter IV Fair Employment
Article 27 People's governments at all levels shall create a fair employment environment, ensure that workers enjoy equal employment rights and fair employment opportunities according to law, and eliminate unreasonable restrictions and employment discrimination that affect equal employment.
When employing personnel, public employment service institutions, public talent service institutions and profit-making human resources service institutions (hereinafter referred to as human resources service institutions) shall provide equal employment conditions and fair employment opportunities to workers, and shall not issue employment letters containing discriminatory contents in terms of nationality, race, gender, religious belief, etc
It is not allowed to set conditions to restrict the flow of human resources in terms of household registration, region, etc. in violation of national regulations.
Article 28 This Municipality guarantees that women enjoy equal labor rights with men, and protects their legitimate rights and interests in employment and entrepreneurship, career development, vocational training, labor remuneration, welfare treatment, occupational health and safety, etc. according to law, so as to build a child-bearing friendly employment environment.
The employing unit shall not refuse to employ women or raise the recruitment standards for women on the grounds of gender, except for the types of work or posts that are not suitable for women as stipulated by the State; It is not allowed to stipulate in the labor contract, service agreement and rules and regulations the content of restricting the rights of female employees such as marriage and childbirth. For women whose employment is interrupted due to childbirth or whose career development is affected, the human resources and social security departments, women's federations, trade unions and other relevant mass organizations or employers can provide targeted vocational guidance, vocational training and employment and entrepreneurship services according to their needs.
Encourage employers to develop measures that are conducive to the balance of work and family relations of employees, and negotiate with employees in accordance with the law to determine flexible leave and flexible work methods that are conducive to caring for infants and young children.
Article 29 The municipal and district people's governments shall make overall plans for the employment of disabled persons, safeguard their labor rights and promote their employment according to law.
Employers shall not discriminate against disabled persons when recruiting personnel.
Article 30 An employing unit shall not refuse to employ a worker on the ground that the worker is the pathogen carrier of an infectious disease or has suffered from an infectious disease, and shall not terminate its labor relationship on the ground that the worker has suffered from an infectious disease, except as otherwise provided for by laws, administrative regulations and the health administration department under the State Council.
Article 31 Unless otherwise provided by laws and administrative regulations, when recruiting personnel or providing human resources services, employers and human resources service institutions shall not inquire about the diagnosis and treatment records, medical testing reports, illegal and criminal records and other information of workers, or require workers to provide information unrelated to the performance of labor contracts.
The health, public security and other departments and the municipal big data center shall strictly control the scope of inquiry and opening of the information specified in the preceding paragraph according to law.
Chapter V Employment Service and Management
Article 32 This Municipality shall improve the employment public service system covering all kinds of labor groups and employers, improve the informatization and intelligent public employment service capacity, refine and improve the service content and standards, and improve the pertinence, professionalism and convenience of public employment services.
Article 33 The municipal and district people's governments should strengthen the construction of public employment service institutions and public talent service institutions, make overall arrangements for public employment service outlets at all levels, fully tap regional employment service resources, and provide convenient and accessible public employment services to workers.
Support trade unions, Communist Youth League, women's federations, disabled persons' federations and other social organizations to organize public welfare employment and entrepreneurship service activities based on relevant public employment service resources.
Article 34 Public employment service institutions and public talent service institutions shall, according to their respective duties, provide free employment and entrepreneurship policy advice, career guidance and job introduction, release of information on human resources supply and demand and vocational training, organize special recruitment, talent introduction and exchange, employment assistance, employment and unemployment registration Public employment and entrepreneurship services such as personnel file management of floating personnel.
Article 35 Relying on the platform of "All in One Network" for government services, the city promotes the facilitation of public employment services, optimizes the handling process, simplifies the handling links, reduces application materials, shortens the handling time limit, and provides convenience for workers' employment and entrepreneurship.
Article 36 The municipal human resources and social security department shall, together with the municipal big data center, strengthen the construction of the public employment service information platform, connect with the "One Network Office" platform, strengthen the integrated application of big data, integrate and collect job recruitment information, and provide job publishing, resume delivery, employment internships, career guidance and other services to recruitment units and workers, It also provides information docking services for enterprises to share employment, and promotes the matching of supply and demand in the human resources market.
Encourage trade unions, Communist Youth League, women's federations, industrial and commercial federations, industry associations, chambers of commerce, profit-making human resources service organizations, etc. to strengthen the sharing of employment information with the public employment service information platform.
Article 37 The human resources and social security department shall strengthen the construction of public employment and talent service teams, improve the professional level of services, promote the identification of socialized vocational skill levels such as vocational instructors and entrepreneurial instructors, and unblock the career development channels of public employment and talent service personnel.
District and township people's governments and sub district offices should strengthen the work force of grass-roots employment services, and arrange at least one full-time (part-time) staff in each residents' committee and villagers' committee to engage in employment information sorting, employment assistance, policy publicity, workers' rights and interests protection and other work by providing corresponding community workers and other means.
Article 38 Encourage public employment service institutions, public talent service institutions and profit-making human resources service institutions to establish cooperation mechanisms and innovate public employment service models.
People's governments at all levels may, in accordance with relevant regulations, support operational human resources service institutions, relevant social organizations, professional service institutions, etc. to undertake public employment services through various ways, so as to play their role in serving the main body of the market and promoting employment.
Article 39 The municipal and district people's governments shall comprehensively use regional, industrial, land and other policies to promote the construction of the human resources market and promote the high-quality development of the human resources service industry.
The municipal human resources and social security department and the relevant district people's government promote the cultivation and construction of national and municipal human resources service industrial parks, promote the agglomeration of human resources service institutions, industries and functions, expand the supply of market-oriented employment services, and stimulate the vitality of the human resources market.
Encourage and support operational human resources service institutions to provide professional services for the city to introduce high-level and urgently needed talents at home and abroad, and improve the quality of employment.
Article 40 When releasing the information on human resources supply and demand, the human resources service agency shall establish and improve the information release review and complaint handling mechanism to ensure that the information released is true, legal and effective.
The human resources service institution shall protect the employer and personal information collected in business activities according to law, and shall not disclose or illegally use the business secrets, personal information or other information that should be kept confidential.
Human resources service institutions that provide human resources services through the Internet shall comply with the relevant national regulations on online recruitment service management, network security, Internet information service management, etc.
If the mass media accept the entrustment of the human resources service agency to release the recruitment information, it shall comply with the law
Check the client's business license or relevant approval documents, human resources service permit and other materials, and check the content of recruitment information; No information release service shall be provided to institutions that cannot provide relevant materials, or recruitment information that contains discriminatory content and other illegal situations.
Article 41 This Municipality will deepen the integrated reform of employment insurance registration.
Employers and individuals shall truthfully handle employment insurance registration procedures according to law, and shall not fabricate employment information to handle relevant procedures.
Article 42 This Municipality shall improve the investigation and statistics system of labor resources and the employment monitoring system.
Human resources social security, statistics, education and other departments shall, in accordance with their respective duties, carry out labor resources survey and statistics and employment monitoring, and regularly publish the main employment data, human resources market supply and demand, wage guidance price and other information to the society.
Employing units and individuals shall cooperate with relevant departments to carry out labor resource survey and statistics and employment monitoring, and truthfully provide relevant information; If the employer is a labor dispatching unit, it shall also provide the actual employer and position of the dispatched workers.
Public security, market supervision, taxation and other departments and the municipal big data center should provide necessary data support for employment monitoring.
Article 43 The municipal and district people's governments shall make overall plans for employment subsidies, unemployment insurance funds, local education additional special funds and other funds to promote employment, improve the efficiency of fund use, and strengthen performance target management.
The municipal and district people's governments shall, in accordance with the employment situation and key tasks, scientifically set the factors and weights of fund allocation, and reasonably allocate employment subsidies.
Article 44 The municipal and district people's governments shall improve the early warning system of unemployment risks, strengthen the assessment of unemployment risks, and formulate risk response plans and reserve policies; In the face of major economic risks, natural disasters, accident disasters, public health events and other emergencies, temporary employment assistance policies are implemented.
Article 45 This Municipality shall strengthen the diversified settlement of labor disputes. People's courts, labor and personnel dispute arbitration institutions, trade unions, mediation organizations, etc. should handle labor dispute disputes in a timely and proper manner according to law, promote the construction of harmonious labor relations, protect the legitimate rights and interests of workers, and promote the stable and orderly development of market entities.
Chapter VI Vocational Education and Training
Article 46 The municipal and district people's governments and relevant departments shall, in accordance with the economic and social development and market demand, develop vocational education, strengthen the construction of vocational capacity, optimize the types of vocational education, the layout of colleges and universities and the establishment of specialties, improve the vocational education system, improve the lifelong vocational skills training system, and build a vocational school (including technical schools) based on industry and enterprises The government promotes a highly skilled personnel training system combined with social support, improves the training, use, evaluation and incentive mechanism of skilled personnel, promotes workers to improve their vocational skills, and enhances their ability to find jobs and start businesses.
Article 47 The departments of human resources and social security, economic informatization, state-owned assets supervision, housing and urban and rural construction management, emergency response, commerce, etc. shall promote the development of vocational skills training and evaluation projects and improve the standards for training and evaluation of skilled personnel in accordance with the needs of the city's industrial development, safe production, and the improvement of workers' skills.
Article 48 The departments of human resources, social security and education shall formulate relevant supporting policies, promote colleges and universities, vocational schools (including technical schools) and vocational skill training institutions to carry out pre employment training, in-service training and re employment training for unemployed, in-service and rural migrant workers, and support employers to carry out vocational training for employees, Cultivate practical skilled personnel and skilled workers.
Article 49 The employing unit shall establish a vocational training system, draw and use staff education funds in accordance with regulations, and provide vocational skills training and continuing education training for staff and workers; Support employees to participate in vocational training and improve their vocational skills.
Article 50 Institutions of higher learning, vocational schools (including technical schools) and vocational skills training institutions that carry out vocational training shall, in accordance with relevant requirements, formulate training plans, implement teachers, places and equipment, standardize training activities and improve training quality.
Article 51 Encourage institutions of higher learning, vocational schools (including technical schools), vocational skill training institutions and employers to establish a talent training mechanism featuring school enterprise cooperation and integration of industry and education, support the construction of high skilled talent training bases and new technician colleges, carry out new apprenticeship training, and cultivate various types of technical and skilled talents urgently needed for the development of key industries in this city.
Article 52 The municipal and district people's governments shall, in accordance with the market demand and the direction of industrial development, reasonably plan and support the construction of public training bases and open training centers by means of joint construction and sharing, and provide vocational skills training training, competition evaluation Teacher training and other services.
Article 53 This Municipality shall improve the vocational skill evaluation system for skilled personnel, give full play to the role of government departments, employers, social training evaluation organizations and other multiple evaluation subjects, and improve the diversified evaluation methods such as vocational qualification evaluation, vocational skill grade recognition, and special vocational ability assessment; Workers who have passed the skill evaluation shall be issued with corresponding skill evaluation certificates according to regulations.
The city has built a quality supervision system for the evaluation of skilled talents under government supervision, institutional self-discipline and social supervision. The human resources and social security department and the competent department of the relevant industry shall establish the corresponding management mechanism to guide and supervise the relevant evaluation subjects to carry out the evaluation of skilled talents in a standardized manner.
Article 54 This Municipality shall improve the recognition and reward system for skilled personnel, increase the recognition and reward of skilled personnel, and improve the incentive mechanism for skilled personnel.
Employing units are encouraged to establish a mechanism combining the evaluation, use and incentive of skilled talents, connect the career development channels of skilled talents and professional and technical talents, establish and improve the salary system for skilled talents based on post value, competence and performance contribution, and respect and reflect the value of skilled talents.
Article 55 This Municipality shall establish a multi-level vocational skill contest system, promote social forces to participate in the holding of the contest, and carry out vocational skill contest activities.
The municipal and district people's governments shall establish and improve the competition guarantee and incentive mechanism, strengthen the construction of competition training bases, player echelons and expert coach teams, award award winners, expert coaches and units and individuals who have made outstanding contributions to the competition in accordance with regulations, and give preferential policies in talent introduction, professional title assessment, selection and commendation.
Article 56 This Municipality organizes employees to carry out vocational training for workers who participate in vocational training, evaluation of skilled personnel and vocational skill competitions
Units shall be given subsidies and support according to relevant regulations.
The human resources and social security department should establish a dynamic adjustment mechanism for the subsidy standard of vocational training together with relevant departments, and increase support for urgently needed vocational types of work and training of medium and high-level skilled personnel.
Chapter VII Employment Assistance and Employment of Key Groups
Article 57 This Municipality implements the employment assistance system, adopts such measures as tax relief, social insurance subsidies, post subsidies, vocational training subsidies, etc., and gives priority to and focuses on helping people with employment difficulties through public welfare post placement and other ways.
Article 58 The human resources and social security department shall improve the identification methods of people with employment difficulties, establish a dynamic adjustment mechanism for the identification standards of people with employment difficulties, provide refined employment assistance services, and strengthen the tracking and evaluation of the effect of employment assistance.
Township people's governments and sub district offices should strengthen employment assistance, provide key assistance to those who have difficulty in finding employment, and provide targeted employment assistance services.
Article 59 The municipal human resources and social security department shall, according to the economic and social development and changes in the employment situation, scientifically set the scale of public welfare posts and give priority to the placement of people with employment difficulties.
The competent department of the relevant industry and the district people's government should develop public welfare posts such as community public management, public health, emergency services, social assistance, landscaping, sanitation, helping the elderly and the disabled, and employment assistance according to the actual situation of the industry and the region.
District and township people's governments and sub district offices shall assume the responsibility for the management of public welfare posts and, according to the actual situation of their respective administrative regions, make overall arrangements for those who meet the job requirements and are in need of employment.
If people with employment difficulties are resettled through public welfare posts, they can enjoy corresponding post subsidies and social insurance subsidies according to regulations.
Article 60 The urban resident families whose family members within the legal working age are all unemployed can apply for employment assistance from the public employment service agency. If confirmed to be true, the public employment service agency shall provide at least one person in the family with an appropriate job.
Article 61 The city shall establish a policy support system covering the whole process of youth employment and entrepreneurship, and promote youth employment through the implementation of employment and entrepreneurship internship system, youth employment plan and other measures.
Human resources, social security, education and other departments should support young people to participate in employment and entrepreneurship internships. We will support qualified employers to apply for employment and entrepreneurship internship bases, and provide internships and teaching services. Employment and entrepreneurship internship bases and trainees can enjoy corresponding internship subsidies according to regulations.
The human resources and social security department and the Communist Youth League should strengthen the employment assistance for unemployed youth, and promote them to improve their ability and achieve employment.
Article 62 This Municipality shall establish a coordination mechanism for the employment of college graduates, and comprehensively promote the employment and entrepreneurship of college graduates.
The education, human resources and social security departments and the competent departments of the relevant industries should formulate and implement policies and measures to promote the employment and entrepreneurship of college graduates, strengthen employment and entrepreneurship guidance, regularly hold industrial, regional and professional special recruitment activities, and increase support for the employment of college graduates.
People's governments at all levels, as well as education, human resources and social security, civil service management and other departments, should develop grass-roots service projects and grass-roots jobs for college graduates, and encourage and support state-owned enterprises, organs, and institutions to expand the recruitment scale and absorb college graduates for employment.
Article 63 Departments such as ex servicemen, human resources and social security, education, state-owned assets supervision, and civil servant management shall formulate and improve policies and measures for targeted recruitment, priority recruitment, employment guidance, entrepreneurial services, and bottom line assistance, so as to promote the employment and entrepreneurship of ex servicemen, and ensure the relevant rights and interests.
Employers who recruit ex servicemen in accordance with the provisions of the State and this Municipality shall enjoy preferential tax policies according to law.
Article 64 The municipal and district people's governments shall formulate preferential policies and specific support and protection measures to create conditions for the employment of the disabled, implement the system of centralized employment and proportional decentralized employment for the disabled, increase the support for the disabled to start their own businesses and obtain flexible employment, and improve the auxiliary employment mechanism for the disabled.
The municipal and district federations of the disabled shall organize and carry out vocational guidance, job introductions and vocational training, provide services and help for the employment of the disabled and for employers to recruit the disabled, and encourage the disabled to participate in vocational training and internships suitable for their employment and entrepreneurship.
The employing unit shall, in accordance with the relevant provisions of the State and this Municipality, fulfill its obligation to arrange the employment of the disabled, and government agencies, institutions and state-owned enterprises shall take the lead in arranging the employment of the disabled.
Article 65 The human resources social security, judicial administration and other departments shall, in accordance with the relevant provisions of the State and this Municipality, do a good job in the employment guidance, vocational training, rights and interests protection and other related work of the prisoners who have been released from prison, and encourage them to start their own businesses and seek jobs on their own. Those who meet the conditions for release from prison and correction shall be identified as those who have difficulty in finding employment in time to help them find employment.
Chapter VIII Flexible Employment
Article 66 The municipal and district people's governments and relevant departments should increase their support for flexible employment modes such as self-employed, part-time and new forms of employment, broaden the development channels of flexible employment, optimize the flexible employment environment, strengthen the supply of policy services, clean up and eliminate unreasonable restrictions on flexible employment, and create more flexible employment opportunities.
Article 67 The city will include flexible employment personnel into the scope of public employment services, open special columns for flexible employment areas on the public employment service information platform, release free information on job supply and demand, new occupations, etc., and carry out policy consultation and career guidance.
Human resources service institutions can provide flexible employees with standardized and orderly professional services such as job application by setting up a special part-time job market and organizing special recruitment on demand.
Article 68 This Municipality will incorporate flexible employment personnel into the vocational skills training and evaluation system.
Encourage employers to organize pre job training and post skill upgrading training for flexible employees to help them stabilize employment and improve employment quality.
Flexible employees who participate in vocational skills training and evaluation can enjoy corresponding subsidies according to regulations.
Article 69 This Municipality will include flexible employment personnel into the scope of labor resource survey and statistics, and establish a mechanism for flexible employment survey of the actual population.
Encourage flexible employment personnel to register for flexible employment in accordance with regulations.
Article 70 The municipal and district people's governments shall formulate, implement and improve employment and social security policies and measures appropriate to flexible employment, so as to provide services and security for flexible employment personnel.
Flexible employment personnel employed in this city may follow the relevant regulations of the state and this city
Participate in social insurance and enjoy social insurance benefits according to law.
Eligible flexible employees can apply for social insurance subsidies and job subsidies according to relevant regulations.
The qualified flexible employment personnel shall be included in the corresponding social assistance scope according to the regulations.
Article 71 The city supports and standardizes the development of new forms of employment, scientifically and reasonably sets the regulatory rules for platform economy and other new forms of business and new models, and promotes the standardized, healthy and sustainable development of new forms of employment.
Internet platform enterprises shall employ workers in accordance with laws and regulations, and conclude labor contracts with workers in accordance with laws or clarify the rights and obligations of both parties through written agreements according to the specific employment situation; Guide and urge enterprises that provide relevant employment services to protect the legitimate rights and interests of workers in new employment forms.
Enterprises, industry associations, trade unions, workers' representatives, etc. can negotiate on business quotas, piece rate, occupational safety and health, and reasonably determine the quota of staff, rest methods, piece rate, percentage of draw, assessment, rewards and punishments, and other standards.
This Municipality has established and improved the occupational injury security system for workers in new forms of employment, encouraged the development of mutual assistance security and commercial insurance linked to the occupational injury security system, and safeguarded the rights and interests of workers in new forms of employment for occupational injury security.
Chapter IX Supervision and Inspection
Article 72 The municipal and district people's governments shall implement the strategy of giving priority to employment and the responsibility of promoting employment, reasonably set targets and tasks for promoting employment according to the employment situation and needs of employment, and strengthen the assessment of the effectiveness of the people's governments at the next lower level and relevant departments in promoting employment, And take the assessment results as an important basis for annual performance assessment and comprehensive assessment of leading cadres.
Article 73 The human resources and social security department shall, together with relevant departments, strengthen supervision over the implementation of employment promotion laws and regulations, the employment of key groups, and the implementation of employment promotion fund guarantee.
Human resources and social security departments and other relevant departments shall, in accordance with their respective responsibilities, improve the working mechanisms for handling labor complaints and resolving labor disputes, improve the efficiency of consultation, guidance, mediation and other services, accept complaints and reports from relevant units and individuals on violations of these Regulations, and verify and handle them in a timely manner.
Article 74 The departments of human resources, social security and finance shall strengthen the supervision of employment promotion funds, standardize the use of funds, ensure the safety of funds and improve the efficiency of the use of funds. Units or individuals that defraud or use various employment promotion funds in violation of regulations shall be dealt with by the human resources and social security and financial departments according to law, and the appropriation may be suspended, suspended, and the appropriated funds recovered.
The audit department shall audit and supervise the management and use of employment promotion funds according to law.
Article 75 The standing committees of the municipal and district people's congresses shall strengthen the supervision of the implementation of these Regulations and the promotion of employment by listening to and deliberating special work reports, organizing law enforcement inspections, and conducting inquiries and inquiries.
The standing committees of the municipal and district people's congresses should give full play to the role of deputies to people's congresses at all levels, organize deputies to people's congresses to carry out special research and inspection activities around the work of promoting employment, and urge relevant parties to implement the work of promoting employment.
Chapter X Legal Liability
Article 76 Where laws and administrative regulations have provisions on the handling of acts in violation of the provisions of these Regulations, such provisions shall prevail.
Article 77 If the mass media, in violation of the provisions of Paragraph 4 of Article 40 of these Regulations, provide information release services for institutions that are unable to provide relevant materials or for recruitment information that contains discriminatory content and other illegal situations, the human resources and social security department shall order them to make corrections and eliminate the impact within the relevant scope; If it refuses to make corrections, it shall be fined not less than 10000 yuan but not more than 50000 yuan; The illegal gains, if any, shall be confiscated.
Article 78 Those who violate the provisions of the second paragraph of Article 41 of these Regulations by fabricating employment information to go through the employment insurance registration procedures shall be ordered to correct by the human resources and social security department, and the illegal gains, if any, shall be confiscated; If the circumstances are serious, a fine of not less than 1000 yuan but not more than 5000 yuan per worker who fails to truthfully go through the employment insurance registration procedures shall be imposed; Those who constitute defrauding social insurance benefits shall be punished by the human resources and social security department in accordance with the Social Insurance Law of the People's Republic of China.
Article 79 In addition to investigating the corresponding legal liability for the acts in violation of the provisions of these Regulations, the relevant departments shall collect the dishonest information of the relevant units and individuals to the municipal public credit information service platform according to the provisions, and take disciplinary measures according to law.
Article 80 If the human resources and social security departments and their staff members fail to perform their duties according to law in the work of promoting employment, the unit to which they belong or the competent department at a higher level shall order them to make corrections; In case of dereliction of duty, abuse of power, favoritism and malpractice, the directly responsible person in charge and other directly responsible persons shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter XI Supplementary Provisions
Article 81 These Regulations shall come into force as of March 1, 2023, and the Several Provisions of Shanghai Municipality on Promoting Employment adopted at the 25th meeting of the Standing Committee of the Twelfth Shanghai Municipal People's Congress on December 29, 2005 shall be repealed at the same time.
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